Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy, 3rd edition (2007)
CHAPTER IV. ON INDIGENOUS PEOPLES WHO WILL BE
AFFECTED BY THE PROJECT
Indigenous peoples who will be affected by the project deserve special attention
because of their unique vulnerability and their distinct ways of relating to the physical
environment. The DPWH recognizes that the identities and cultures of Indigenous
Peoples are inextricably linked to their physical environment and the natural resources on
which they depend. This exposes IPs to certain types of risks and to intensified levels of
impacts that the dominant groups in Philippine society do not face when confronted by
infrastructure development projects. Hence, the objective of this chapter is to ensure that
DPWH-implemented projects do no further harm to IPs and leave them worse off with
the projects than without.
A. COVERAGE OF THE POLICY ON INDIGENOUS PEOPLES
This policy covers all Indigenous Peoples or Indigenous Cultural Communities
(ICC) whether they are living outside or inside an officially declared ancestral domain or
those areas belonging to IPs covered by a Certificate of Ancestral Domain Title (CADT)
or Certificate of Ancestral Land Title (CALT). It also covers areas that have pending
applications to be declared as an ancestral domain.
It applies to projects that pass through three (3) types of procedures:
1. those projects that are voluntarily initiated and solicited by the IPs/ICCs.
2. those infrastructure projects that would require Free and Prior Informed Consent;
and
3. those projects that do not require Free and Prior Informed Consent (FPIC).
It contemplates six (6) types of situations where Indigenous Peoples may be
affected by civil works and related activities. These situations are:
1. When land acquisition (including structures, improvements, crops, trees, and
perennials) occurs inside an officially declared ancestral domain or an area with a
pending application to be declared as an ancestral domain.
2. When due to land acquisition (including structures, improvements, crops, trees,
and perennials) inside an officially declared ancestral domain or an area with a
pending application to be declared such results in the removal and resettlement of
Indigenous Peoples.
3. When removal of Indigenous Peoples results in resettlement outside their
ancestral domain.
Environmental and Social Services OfficeDepartment of Public Works and Highways
February 2007
18
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